Citation Nr: 21072034
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 18-29 474
DATE: December 2, 2021

REMANDED

Entitlement to service connection for a left knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1977 to October 1982 and from January 1986 to October 1997.

These matters come before the Board of Veterans' Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran testified before the undersigned Veterans Law Judge at a Board hearing in August 2021.  The transcript is of record.

1. Entitlement to service connection for a left knee disability is remanded.

This matter requires further development before it can be finally adjudicated. The Veteran testified credibly at his Board hearing with respect to in-service left knee symptomatology and continuity of symptomatology since separation. The VA examiner with whom he met in April 2017 opined that his current left knee disability, status post left knee replacement, was less likely than not service-related, basing that opinion principally on the absence of documentary evidence showing residual knee disability in the wake of in-service decompression sickness.

The Board finds that the examiner did not consider adequately the lay evidence of record, including the Veteran's statements with respect to onset and continuity of symptomatology, and thus has not explained adequately why his account of the history of his condition was not considered credible.

On remand, the Veteran must be afforded a new VA examination, and the examiner is directed to consider as credible the Veteran's statements with respect to his experience of symptoms and continuity of symptomatology. 

The matters are REMANDED for the following action:

1. After obtaining the necessary authorization, update the file with any VA or private treatment records relevant to the Veteran's claims. If any requested records are unavailable, the Veteran should be notified to that effect.

2. Then, schedule the Veteran for a VA examination to explore the etiology of his left knee condition. All indicated tests and studies should be conducted and all clinical findings reported in detail. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request.        

The examiner should list all current disabilities affecting the left knee.  

For each diagnosed condition, the examiner should state whether it is at least as likely as not (e.g. at least a 50 percent probability or greater) that the condition began in service or is otherwise related to service.    

In furnishing these opinions, the examiner must consider as credible the Veteran's lay statements with respect to in service knee symptoms and continuity of symptomatology.  

A thorough and reasoned explanation must accompany all opinions expressed.

3. Review the examination report and all opinions expressed to ensure they are in compliance with this remand's directives and implement corrective procedures if required. Then, readjudicate the claim. 

 

 

GAYLE STROMMEN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Z. Sahraie, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.